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Vaping at Work: e-Cigarettes in the Spotlight

 

Really useful advice from The Fire Safety Company.

As the smoking of electronic cigarettes, known as “vaping”, continues to increase in popularity, employers should make sure they set out clear policies in order to deal with the issue in the workplace. Captain Sanjay examines some key points to consider in designing an organisational policy on e-cigarettes.

A survey conducted in 2013 by YouGov for the anti-tobacco charity, Action on Smoking and Health (ASH), concluded that more than 2.1 million people in the UK now smoke e-cigarettes, representing a three-fold increase compared with the previous estimated figure of 700,000. Globally, it is projected that annual sales of e-cigarettes will reach $10 billion within a few years.

However, despite the increasing popularity of the devices, opinion is divided over whether e-cigarettes offer a healthy alternative to conventional smoking or whether in fact they are an unsafe, poorly-regulated fad. 

The Law

The law on conventional smoking in workplaces in the UK is clear. In terms of the Health Act 2006, the smoking of normal cigarettes is banned in enclosed or substantially enclosed public places, including workplaces.

In England and Wales, anyone who breaches the smoking ban under the Smoke-free Premises, etc (Wales) Regulations 2007 could face heavy penalties. Employers, managers and those in control of premises need to display No Smoking notices and take reasonable steps to ensure that staff, customers, members and visitors are aware of the law and do not smoke in buildings. Similarly, in Scotland public places and workplaces became smoke-free under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006.

However, e-cigarettes fall outside of the legal definition set out by the Health Act 2006 and are not covered by the legal ban on smoking in enclosed workplaces. Therefore, it is up to individual employers to take action and set out a policy on the subject.

Authorities around the world take a widely varying approach to e-cigarettes. While the City of San Francisco Board of Supervisors recently voted unanimously to ban e-cigarettes, treating them like combustible cigarettes, an e-cigarette coffee shop opened in Shoreditch High Street in east London in March 2014. Here, vapers can buy and smoke their e-cigarettes in a public place without breaking the law, despite the smoking ban having been in place for seven years.

At present, e-cigarettes are regulated simply as general consumer products, although once the EU Tobacco Products Directive comes into effect in Member States in May 2016, e-cigarettes containing up to 20mg per ml of nicotine will come under the directive.

Expert views and concerns

The experts are divided on the subject of the safety of e-cigarettes. A briefing from ASH says, “Compared with smoking, using an electronic cigarette is safer. However, in the absence of a thorough clinical evaluation and long- term population level surveillance, absolute safety of such products cannot be guaranteed.”

The briefing also warns that toxins have been found in a number of studies of e-cigarettes, although these are said to be at lower levels than those found in cigarettes.

A recent report by the World Health Organization (WHO) argued that although e-cigarettes are frequently marketed by manufacturers as aids to quit smoking, more research is needed on many areas of e-cigarette use, as well as better regulation to address the health concerns.

The report called for restrictions on advertising of e-cigarettes as well as legal steps to end the use of e-cigarettes indoors in public and work places. The WHO report also warned that e-cigarettes increase the exposure of non-smokers and bystanders to nicotine and a number of toxicants. 

Formulating a vaping policy

The Advisory, Conciliation and Arbitration Service (Acas) recently published limited guidance on the subject of e-cigarettes, pointing out that since the devices fall outside the scope of smoke-free legislation, employers can choose whether to allow employees to smoke them at work or not. However, Acas warns that whatever the policy, employers should be clear about the rules.

Employers therefore need to decide whether to allow employees to smoke e-cigarettes in the workplace or ban them as they would ordinary smoking implements.

Hugh Robertson, the Senior Policy Officer for Health and Safety of the TUC, has admitted that e-cigarettes “can be a dilemma” for trade unions — some safety representatives view e-cigarettes as a safer alternative to tobacco while others feel that vaping should not happen in the workplace.

The TUC recommends that unions negotiate for e-cigarettes to be subject to the same general restrictions in the workplace as tobacco. The TUC argues that e-cigarettes should not be used in any indoor place, not just because the health risks are unknown, but also because it can be confusing if people are seen to be “smoking” what can look like a cigarette, thus undermining the smoking ban.

Acas makes the point that e-cigarettes are often used as an aid to stop smoking, so employers should carefully consider the implications for their own organisations when deciding what to do about e-cigarettes within their workplace. However, the conciliation body also urges employers to consider the effects on other members of staff as the long-term effects of e-cigarettes are unknown, and having e-cigarette vapours in the workplace may create an unpleasant environment.

An add-on to the existing smoking policy

Acas suggests employers could include a paragraph about e-cigarettes in the existing policy document on smoking, drugs and alcohol, following consultation on the new rules with employees and their representatives.

Furthermore, Acas advises that if smoking e-cigarettes is allowed at work, line managers should be aware of who may be smoking them within their teams.

The Acas guidance on vaping says, “It is best to make it a rule that line management approval is needed to smoke e-cigarettes in the workplace.”

Employers may want to put up signs or notices in the workplace which make it clear where smoking is allowed (if this is the case) and where it is banned, including rules for cigarette smokers and rules for e-cigarette smokers.

Although smoking is forbidden within workplace premises, organisations can still make certain areas available at work to be smoking areas. However, the practicalities of e-cigarettes may be challenging for employers; the TUC supports the idea that separate areas should be made available for users of e-cigarettes away from any outside smoking area.

Hugh Robertson said, “If a worker is using electronic cigarettes to help them give up smoking tobacco then it is not going to help forcing them to go outside in the same area as smokers.” 

Non-compliance issues

Acas advises that any policy should make clear that:

  • any unauthorised or excessive taking of smoking or e-smoking breaks will result in disciplinary action
  • any smoking of cigarettes or e-cigarettes in a prohibited area at work will result in disciplinary action
  • smoking in a designated smoke-free public area is a criminal offence which will attract a fine. 

Finally, it should be noted that smoking in the workplace is dealt with as a public health matter in the UK, with the Department of Health, not the Health and Safety Executive (HSE), as the lead authority.

Therefore, the HSE is not responsible for enforcing the legislation but will fully support local authority officers in raising employers’ awareness of their responsibilities and in encouraging employers and employees to comply with the law. HSE inspectors will also bring matters of concern to the attention of the employer, for example a failure to display warning notices.

I trust you found this week’s guide really useful.

Until next time,
Sanjay

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